Publication date: June 23, 2025
Regulations on the safety of food contact materials and limiting the impact of plastics on the environment
Regulation (EC) No 1935/2004 and Directive (EU) 2019/904 are two key pieces of legislation that aim to protect public health and the environment, focusing on materials and articles intended to come into contact with food and reducing the environmental impact of single-use plastic products.
Regulation (EC) No. 1935/2004 establishes general rules for materials and products that come into contact with food. Its main objective is to ensure consumer safety by controlling the substances used in the production of such materials. The European Commission, within the framework of this regulation, has the right to adopt specific legal measures that specifically regulate issues related to substances permitted in the production of these materials. This may include creating a list of substances that are accepted for contact with food, as well as defining purity standards for these substances. Another important element is the introduction of detailed regulations on the limits of migration of substances from materials to food, which prevents them from entering food products and affecting their quality or safety. Additionally, the Commission may establish specific conditions for the use of active and intelligent materials that are designed to monitor or change their properties in contact with food, providing an even higher level of protection. Another important element of the regulation is the introduction of rules enabling the tracking of the route of materials and products, as well as the creation of a central register of substances permitted in the production of food contact materials, which aims to ensure transparency and effective supervision over the circulation of these substances.
Directive (EU) 2019/904, in turn, focuses on reducing the impact of single-use plastic products on the environment. It introduces provisions aimed at reducing plastic pollution, which is particularly harmful to ecosystems, especially marine ecosystems, and difficult to process in recycling processes. A key element of the directive is the requirement to introduce labelling on single-use plastic products, which is to inform consumers about proper waste management methods and the negative impact of these products on the environment, especially in the context of their improper disposal. This labelling is to be visible, legible and indelible, and its purpose is to educate users about the need to comply with the rules of recycling and the prevention of environmental pollution. The European Commission is also adopting an implementing act to define harmonised specifications for this labelling, covering not only waste management methods, but also making consumers aware of the presence of plastics in the product and their potential negative impact on the environment. The labelling is to be placed on the packaging of single-use products, taking into account specific requirements regarding the size of the packaging surface. In addition, these provisions take into account voluntary sectoral approaches, seeking to avoid misleading consumers and aligning the approach with existing market initiatives.
Principles of informing consumers about food in accordance with Regulation (EU) No 1169/2011
Regulation (EU) No 1169/2011 of the European Parliament and of the Council, laying down rules on the provision of food information to consumers, aims to ensure transparency in the marketing of food products, as well as to protect the health of consumers. This regulation places particular emphasis on the reliability, clarity and ease of access to information contained on food product labels. In the context of this regulation, a key aspect is to avoid misleading consumers, both in relation to the product itself and the way it is presented.
The first essential requirement of the regulation is to ensure that food information cannot be misleading as to the properties of a given product. There are several key issues to note. First of all, it is not allowed to suggest that a food product has certain properties that it does not in fact have. This includes attributing to a food product actions or characteristics that are not proven. An example would be misleading by emphasizing the presence or absence of certain nutrients in a product, suggesting that a given product has special properties when all similar products have the same properties. Another example would be a situation where the appearance, description or graphic presentation suggests that a product contains natural ingredients when in fact they have been replaced by other substances.
In addition, the regulation requires that all information provided to consumers is clear, easy to understand and reliable. The consumer should have easy access to information that will help them make an informed purchasing decision, without the risk of misinformation. Therefore, any information that may be important from the point of view of the consumer’s health must be presented in a transparent and understandable way.
Another important provision is the ban on attributing to food the property of preventing or treating diseases. This applies to all food products, except natural mineral waters and foods for special nutritional uses, for which certain exceptions may apply. In practice, this means that a manufacturer cannot claim that a product has medicinal properties unless such claims are supported by appropriate research and documented in legal regulations. Such information can mislead consumers, leading to unwittingly endangering their health or limiting access to other, more effective treatments.
The regulation also regulates issues related to the advertising and presentation of food products. All information about food must comply with the principles of reliability and also cover all forms of promotion, including advertising and presentation of products, such as their shape, appearance, packaging and the way they are displayed at the point of sale. Therefore, manufacturers cannot use methods that may mislead consumers, such as manipulating the appearance or presentation of the packaging in order to create false beliefs about the product.
Another aspect regulated by the regulation is the obligation to provide detailed information about the product itself. Depending on the type of food, manufacturers are required to include detailed information on the label. This includes, among others, the full name of the product, a list of ingredients, as well as any ingredients that may cause allergies or intolerances. This is particularly important for people suffering from various food allergies, who must be sure that the products they buy do not contain substances that may pose a risk to their health. In addition, if ingredients derived from allergens listed in Annex II of the regulation were used in the production process, this information must also be provided on the label.
Mandatory information also includes the amount of specific ingredients, as well as the net amount of food, which provides the consumer with accuracy as to how much product they are actually buying. Another important requirement is the date of minimum durability or expiration date. This information is intended to ensure consumer safety and enable them to purchase products that will be safe to consume within a specified period. Indicating special conditions of storage and use is also an important element that allows the consumer to store products correctly, which affects their durability and safety.
All these provisions aim to provide consumers with full and reliable knowledge about food products, so that they can make informed purchasing decisions. The ultimate goal of the regulation is to protect public health and increase the transparency of the food market in the European Union, which is to contribute to better consumer protection and more responsible food production and consumption.
Principles of managing packaging and packaging waste in accordance with the Act of 13 June 2013.
The Act of 13 June 2013 on the management of packaging and packaging waste regulates issues related to the introduction of packaging to circulation, its labelling and the management of packaging waste in such a way as to limit its negative impact on the environment and ensure the safety of public health. Its provisions impose numerous obligations on entrepreneurs related to both the design of packaging and its subsequent management.
One of the basic assumptions of the Act is the need to minimize the amount of harmful substances used in the production of packaging. The entity introducing packaging is obliged to limit the content of such substances to a level that does not pose a threat to the product itself, the environment or human health. Of particular importance here is the limitation of the amount of heavy metals, such as lead, cadmium, mercury and hexavalent chromium, the total content of which in packaging may not exceed 100 mg/kg, unless the implementing regulations provide for exceptions. In addition to limiting harmful substances, the entity introducing packaging must also strive to minimize its volume and weight, which allows for reducing the amount of waste generated and limiting its negative impact on the environment. Such an approach requires taking into account both the functions that the packaging performs, as well as consumer expectations and product safety.
Another key issue is the need to design and manufacture packaging in a way that allows for its reuse, recycling or other form of recovery. The priority is to provide packaging with features that allow for its multiple use, and if this is not possible, it should at least be suitable for recycling. However, if the packaging cannot be recycled, there must be another method of recovery that will limit its negative impact on the environment. The Minister responsible for climate matters has the right to specify by regulation the cases in which deviations from these principles are permissible, guided by an analysis of the chemical composition and physical properties of the packaging and the risk that it may pose.
In terms of waste management, particular emphasis is placed on the recovery of reusable packaging. Their reprocessing must take place in conditions that ensure safety and in accordance with occupational health standards. The Act also specifies the requirements that packaging subjected to various forms of recovery must meet. In the case of recycling, it is necessary for them to be manufactured in such a way that a certain percentage of their mass can be recovered. In the case of compostable packaging, they must have the ability to biodegrade, while not hindering their selective collection or processing. Biodegradable packaging, on the other hand, must be subject to physical, chemical and biological decomposition, leading to the formation of harmless substances such as water, carbon dioxide and biomass. It should be emphasized that oxo-degradable plastics, although they decompose, are not considered biodegradable. Additionally, packaging intended for energy recovery should have a sufficiently high calorific value, so that energy can be effectively recovered from them.
The Act also provides for mechanisms for assessing the compliance of packaging with applicable standards, which is intended to ensure that it meets specific environmental and quality requirements. Verification of packaging compliance is based on harmonized standards, in accordance with the Act on Conformity Assessment and Market Surveillance Systems. Entrepreneurs are required to comply with these standards, which allows for maintaining uniform standards and ensuring that packaging meets environmental protection requirements and the principles of the circular economy.
In addition to the requirements regarding the composition and method of waste management, the Act also regulates issues related to the labeling of packaging. Entrepreneurs may place labels on packaging informing about the type of materials used, the possibility of their repeated use and suitability for recycling. Such labels should be located directly on the packaging, label or – if this is not possible – on the attached information leaflet. They must be legible, durable and visible even after opening the packaging, so that the consumer can easily identify how they will proceed with the waste. In order to ensure the uniformity of these labels, the minister responsible for climate matters may specify labeling templates to facilitate segregation and proper handling of packaging waste.
These regulations are an important element of environmental protection policy, aimed at reducing the amount of packaging waste and increasing its reuse. The Act promotes a sustainable approach to packaging management, while imposing obligations on entrepreneurs to reduce their negative impact on the environment. Such an approach also helps to increase the ecological awareness of society and promote pro-ecological practices in the production and use of packaging.
Legal requirements for introducing food products to the market in Poland
Introducing food products to the Polish market requires meeting a number of legal requirements that are designed to ensure consumer safety and the high quality of the goods offered. Entrepreneurs planning to sell food must take into account regulations resulting from both national law and European Union regulations.
Legal basis
The basic legal act regulating issues related to food trade in Poland is the Act of 25 August 2006 on food and nutrition safety. This document specifies the principles of the quality control system, requirements for product composition and registration procedures for entities conducting food activities. EU regulations are also important, such as Regulation (EC) No. 178/2002 establishing the general principles of food law.
Business registration
Any entity involved in the production, processing or distribution of food must be registered with the appropriate supervisory authority, such as the District Sanitary and Epidemiological Station or the Veterinary Inspection. In some cases, it is also required to obtain approval of the establishment, especially if the enterprise is engaged in the production of animal products.
Product marking and labeling
Labelling of food products should comply with the requirements specified in Regulation (EU) No 1169/2011 of the European Parliament and of the Council. The information on the label must be legible, clear and must not mislead the consumer. The basic elements of labelling include:
Food safety rules
Entities operating in the food industry are required to implement the HACCP system (Hazard Analysis and Critical Control Points). This system enables the identification and elimination of potential hazards in the production process and ensures that food meets sanitary standards. In addition, entrepreneurs should comply with the principles of Good Hygiene Practice (GHP) and Good Manufacturing Practice (GMP), which includes, among others, appropriate sanitary conditions in the plant and quality control of raw materials.
Controls and sanctions
Compliance with the regulations on the introduction of food to the market is subject to regular inspections carried out by supervisory bodies such as the State Sanitary Inspection, the Agricultural and Food Quality Inspection and the Veterinary Inspection. In the event of irregularities being found, administrative sanctions, financial penalties and, in extreme cases, even a ban on conducting business may be imposed.
In summary, introducing a food product to the market requires not only meeting strict legal standards, but also taking care of the quality and safety of the goods offered. Strict compliance with regulations allows you to avoid legal consequences and build consumer trust in the brand.